Wills and Lasting Power of Attorney in the UK

A will decides what happens to your money, property and possessions after you die. A lasting power of attorney (LPA) decides who can make decisions for you if you lose the mental capacity to make them yourself. The two documents cover entirely different situations, but most people who think carefully about later-life planning end up wanting both.

This guide covers what each document does, how they differ, what it costs to set them up, and where to get help.

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What is a will, and what does it actually do?

A will is a legal document that sets out your wishes for your estate, the assets and possessions you leave behind. It names the people you want to benefit (your beneficiaries), appoints an executor to carry out those wishes, and can include instructions on guardianship of children, funeral preferences and charitable gifts.

Without a valid will, your estate is distributed under the intestacy rules. In England and Wales, those rules favour a spouse or civil partner, then children, then wider family. An unmarried partner receives nothing, regardless of how long you lived together. Stepchildren have no automatic entitlement either. If the intestacy rules don't match your circumstances or your wishes, the only way to override them is with a properly executed will.

A will only takes effect at death. It does nothing to protect you during your lifetime if you become ill, have an accident or simply lose the ability to manage your affairs. That is where an LPA comes in.

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What is a lasting power of attorney?

An LPA is a legal document that appoints one or more people (your attorneys) to make decisions on your behalf. The attorneys can only act in the ways you specify, and only if you lack the mental capacity to decide for yourself (unless you choose to allow immediate use of a property and financial affairs LPA while you still have capacity).

There are two types, and they operate independently of each other.

Property and financial affairs LPA. This covers your bank accounts, investments, bills, property transactions and anything else financial. You can choose to allow your attorney to act straightaway, even while you still have capacity, which can be useful for practical reasons such as travelling or illness.

Health and welfare LPA. This covers decisions about medical treatment, care arrangements, where you live and day-to-day personal welfare. It can only be used once you have lost mental capacity. You can also include a specific instruction about life-sustaining treatment if you wish to do so.

Both must be created while you have mental capacity. Once capacity is lost, it is too late to make an LPA. That is the single most important practical fact in this entire guide.

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How do a will and an LPA differ from each other?

The simplest way to think about it:

A common misunderstanding is that a will protects you if you become incapacitated. It does not. Another is that a joint bank account solves the problem. It helps with day-to-day banking but it does not give a partner authority to manage investments, sell property or make healthcare decisions.

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How do I make a valid will in England and Wales?

For a will to be valid in England and Wales, you must:

• Be aged 18 or over (with a narrow exception for members of the armed forces on active service)
• Be of "sound mind" (have testamentary capacity) at the time of signing
• Sign the will in the presence of two independent witnesses, who must both be present at the same time
• Have both witnesses sign the will in your presence

Neither witness can be a beneficiary under the will, and neither can be the spouse or civil partner of a beneficiary. If they are, the gift to that person is void, though the rest of the will may still stand.

Scotland has different rules. A will requires one witness rather than two, and the witness can be a beneficiary (though this is inadvisable in practice). Northern Ireland broadly follows the England and Wales model but has its own legislation.

You can write a will yourself, use an online service such as Farewill or Kwil, or instruct a solicitor. For a straightforward estate with no business interests, foreign property or complex family situation, a well-reviewed online service is a reasonable option. For anything with complications, a blended family, a disabled beneficiary who receives means-tested benefits, significant property or business assets, a solicitor's input is genuinely worth the cost. The Society of Will Writers and the Society of Trust and Estate Practitioners (STEP) both maintain directories of qualified practitioners.

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How do I set up an LPA in England and Wales?

The process is handled through the Office of the Public Guardian (OPG). There are broadly three stages.

Create the document. You can use the government's online tool at GOV.UK, which walks you through the process section by section. Alternatively, a solicitor can draft it for you. Age UK also offers guidance and signposting for people who want help but cannot afford a solicitor.

Sign in the correct order. The LPA must be signed by the donor (you), a certificate provider (an independent person who confirms you understand what you're signing and aren't being pressured), and your attorney or attorneys. There is a precise legal order to the signatures. Getting it wrong means starting again.

Register with the OPG. The completed, signed LPA must be sent to the OPG for registration. As of early 2025, the OPG quotes around 20 weeks for registration. The LPA cannot be used until it appears on the OPG's register. That waiting time is one of the strongest arguments for setting one up sooner rather than later.

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How much does it cost to make a will and register an LPA?

Costs vary considerably depending on how you do it.

Wills

A basic single will with an online service such as Farewill costs around £90 to £150. A solicitor-drafted single will typically ranges from £150 to £300, though more complex estates can cost considerably more. Mirror wills (a pair drawn up for a couple with reciprocal provisions) usually come at a discount compared to two individual wills.

Updating an existing will doesn't require a whole new document. A codicil is a formal amendment that attaches to the original will, though many solicitors will recommend a new will if the changes are substantial, since codicils can create confusion during probate.

LPAs

The OPG registration fee is £82 per LPA in England and Wales. Setting up both a property and financial affairs LPA and a health and welfare LPA costs £164 in government fees alone.

Solicitor fees for drafting an LPA typically run from £300 to £600 per document, sometimes more in London. Online services such as Solicitors for the Elderly or the Law Society's find-a-solicitor tool can help identify local practitioners. If your gross income is below £12,000, you can apply for a 50% fee reduction. Those receiving certain means-tested benefits may be exempt from OPG fees entirely. The form (LPA120) is available from the OPG.

Scotland has its own equivalent: a continuing power of attorney and a welfare power of attorney, administered through the Office of the Public Guardian (Scotland) and governed by the Adults with Incapacity (Scotland) Act 2000. Costs and processes differ.

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Who should I choose as my attorney or executor?

This is where many people underestimate the work involved.

An executor administers your estate after your death: applying for probate, collecting assets, settling debts, and distributing what remains. It is often a spouse, adult child or close friend. A professional executor (a solicitor or bank) can be appointed instead, but they charge for the work, sometimes significantly.

An attorney under an LPA takes on considerably more responsibility, particularly one acting under a health and welfare LPA, who may need to make decisions about care homes, medical treatment, and daily life. The Mental Capacity Act 2005 requires attorneys to act in your best interests, consider your past wishes, and consult family members where appropriate. It is not a role for someone you simply trust with money; it requires someone with patience, good judgement and the willingness to advocate on your behalf, sometimes against professionals who don't agree.

You can appoint multiple attorneys. They can be required to act "jointly" (unanimous decisions on everything), "jointly and severally" (each can act independently), or jointly for major decisions and severally for routine ones. Jointly and severally is the most practical arrangement in most cases, since a jointly-only arrangement can grind to a halt if one attorney becomes unavailable.

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What are the risks of not having these documents in place?

Without a will, the intestacy rules decide who inherits. For unmarried couples especially, this can mean a surviving partner loses the home they shared.

Without an LPA, the only alternative if you lose mental capacity is a Court of Protection deputyship order. The application process can take six months or longer, typically costs upwards of £1,000 in legal fees, and requires ongoing annual reporting to the Court. The deputy (usually a family member) is supervised by the Court and operates under tighter restrictions than an LPA attorney. It is more work for everyone involved, at a time when the family is already under strain.

There is no age at which either document suddenly becomes urgent, but the risks become more concrete in your 60s and beyond. A stroke, a serious illness or an accident can remove capacity suddenly, at any age. Setting up an LPA at 60 is straightforward; trying to set one up at 78 when early dementia has been diagnosed is far more difficult and may not be possible if capacity has already been lost.

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Can I make changes, and what makes these documents void?

Both wills and LPAs can be revoked or changed at any time while you have mental capacity.

For a will, you revoke it by making a new one (which should state that it revokes all previous wills) or by physically destroying it. Marriage automatically revokes a will in England and Wales. Divorce does not revoke a will, but it does revoke any gift to the ex-spouse and their appointment as executor, the rest of the will stands.

For an LPA, you revoke it by notifying the OPG and your attorney in writing. If the LPA has already been registered, the revocation must also be registered.

A will can be challenged after death on several grounds: lack of testamentary capacity, undue influence, or if it fails to make reasonable financial provision for dependants (under the Inheritance (Provision for Family and Dependants) Act 1975). These claims are litigated through the courts and can be costly. Keeping a clear record of your wishes, and if necessary getting a doctor to confirm your capacity at the time of signing, reduces the risk of a successful challenge.

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Wills and LPAs in Scotland and Northern Ireland

The law differs across the UK, and that matters.

In Scotland, succession law includes "prior rights" and "legal rights" (known as legitim) that give a spouse, civil partner and children an automatic claim on part of the estate regardless of what the will says. A Scottish will must comply with the Requirements of Writing (Scotland) Act 1995. The Scottish equivalent of an LPA is a continuing power of attorney (for financial decisions) and a welfare power of attorney, both governed by the Adults with Incapacity (Scotland) Act 2000 and registered with the OPG (Scotland).

In Northern Ireland, wills broadly follow the same rules as England and Wales, but probate is handled by the Probate Office in Belfast. Powers of attorney in Northern Ireland operate under the Enduring Powers of Attorney (Northern Ireland) Order 1987, and at the time of writing, LPA-style reforms have not yet been fully mirrored in Northern Ireland legislation. If you live in Northern Ireland, take local legal advice rather than relying on England and Wales guidance.

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Where to get help

The Law Society maintains a find a solicitor tool that lets you filter by wills and probate or mental capacity and Court of Protection work. Solicitors for the Elderly (SFE) specialises in advice for older clients and their families.

Age UK and Citizens Advice offer free guidance and can often signpost to lower-cost legal help for those on limited incomes. The OPG's own guidance at gov.uk/power-of-attorney is clear and up to date.

For anyone considering an online will-writing service, check whether the provider is a member of the Institute of Professional Willwriters or the Society of Will Writers, both have codes of practice and complaints procedures. Farewill, Kwil and Bequest are among the more established online providers in the UK market, though none should be used without thinking carefully about whether your situation is genuinely straightforward.

The key point is this: both a will and an LPA are relatively inexpensive to set up, especially compared to the cost and distress of not having them. Sorting both in your 60s, when there is no pressure, is almost always easier than doing it in a hurry.